8634 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 160 and 161 

[Docket No. APHIS–2006–0093] 

RIN 0579–AC04 

National Veterinary Accreditation 

Program 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; supplemental. 

SUMMARY: We are proposing four 

changes related to our proposed rule 

published in the Federal Register on 

June 1, 2006, that would amend the 

regulations regarding the National 

Veterinary Accreditation Program. The 

June 2006 proposed rule would 

establish two accreditation categories in 

place of the current single category, add 

requirements for supplemental training 

and renewal of accreditation, and offer 

accreditation specializations. In this 

supplemental proposed rule, we are 

proposing to adjust the scope of the two 

accreditation categories; to require 

initial accreditation training for 

veterinarians seeking accreditation; to 

require newly accredited veterinarians 

to renew their accreditation 3 years after 

completing initial accreditation training; 

and to reduce the training required for 

renewal of accreditation from the 

amount discussed in the June 2006 

proposal. 

DATES: We will consider all comments 

that we receive on or before April 30, 

2007. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Animal and Plant Health Inspection 

Service’’ from the agency drop-down 

menu, then click ‘‘Submit.’’ In the 

Docket ID column, select APHIS–2006–

0093 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’

link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2006–0093, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS–

2006–0093. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Todd Behre, National Veterinary 

Accreditation Program, VS, APHIS, 

4700 River Road Unit 200, Riverdale, 

MD 20737; (301) 734–0853. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 9 CFR chapter I, 

subchapter J (parts 160 through 162, 

referred to below as the regulations), 

govern the accreditation of veterinarians 

and the suspension and revocation of 

such accreditation. These regulations 

are the foundation for the National 

Veterinary Accreditation Program 

(NVAP). Accredited veterinarians are 

approved by the Administrator of the 

Animal and Plant Health Inspection 

Service (APHIS), United States 

Department of Agriculture (USDA), to 

perform certain regulatory tasks to 

control and prevent the spread of 

animal diseases throughout the United 

States and internationally. 

We published a proposal to amend 

the regulations in the Federal Register 

on June 1, 2006 (71 FR 31109–31121, 

Docket No. APHIS–2006–0093). We 

proposed to establish two accreditation 

categories (Category I and Category II) in 

place of the current single category, to 

add requirements for supplemental 

training and renewal of accreditation 

every 3 years, and to provide for 

accreditation specializations. 

We solicited comments concerning 

our proposal for 60 days ending July 31, 

2006. We received 23 comments by that 

date. They were from State departments 

of agriculture, veterinary medical 

associations, universities, and 

individual veterinarians. 

In the process of considering the 

comments we received, we identified 

four changes that we believe would 

improve the June 2006 proposed rule. 

We are publishing this supplemental 

proposed rule to allow an opportunity 

for public comment on these changes. 

After evaluating any comments received 

on this supplemental proposal, we will 

publish a final rule addressing 

comments received on both the June 

2006 proposed rule and this 

supplemental proposed rule. 

The four changes included in this 

supplemental proposal are described 

directly below. 

Changing the Scope of Category I and 

Category II Accreditation 

We are proposing to establish two 

categories of accreditation: Category I 

and Category II. Under the June 2006 

proposal, veterinarians accredited under 

Category I would have been authorized 

to perform accredited duties on 

companion animals. The June 2006 

proposal would have defined 

companion animals as animals 

commonly kept as pets in family 

households in the United States. The 

proposed definition specifically 

excluded horses, food or fiber animal 

species, and other livestock or poultry 

animals. Only Category II veterinarians, 

who would be required to complete 

more training than Category I 

veterinarians, would have been 

authorized to perform duties on those 

animals. Category II veterinarians would 

also have been authorized to perform 

accredited duties on companion 

animals. 

We received several comments on the 

June 2006 proposal that asked for 

clarification regarding various aspects of 

the scope of duties that Category I and 

Category II accredited veterinarians 

would be authorized to perform, as well 

as comments on what tasks Category I 

and Category II veterinarians should be 

able to perform. Two commenters noted 

that the phrase ‘‘commonly kept as 

pets’’ in our proposed definition of 

companion animals appeared to 

exclude exotic animals and 

nontraditional pets, such as hedgehogs, 

falcons, or primates, that are sometimes 

brought to veterinarians for health 

certificates; it was not clear which 

category of veterinarians would have 

been authorized to perform accredited 

duties on such species. One commenter 

asked which category of accreditation 

would be appropriate for zoo 

veterinarians. Regarding the tasks 

Category I and Category II veterinarians 

would have been required to be able to 

perform, one commenter recommended 

that Category I veterinarians be able to 

develop flock health plans for bird 

flocks, a task that we had only proposed 

be required for Category II veterinarians. 

These comments have led us to 

reconsider the division between 


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1We would consider these animals to be 

‘‘nonregulated’’ from the perspective of the 

veterinary accreditation program, which is 

concerned with APHIS animal disease regulations. 

In 9 CFR parts 1, 2, and 3, APHIS has promulgated 

separate standards and other requirements 

governing the humane handling, housing, care, 

treatment, and transportation of animals including 

dogs, cats, and other animals considered 

nonregulated under this definition. This change 

would not affect those regulations. 

Category I and Category II. Some species 

of animals are commonly kept as 

household pets but are susceptible to 

diseases that are subject to control or 

eradication by APHIS. For example, pet 

birds are susceptible to poultry diseases 

such as avian influenza and exotic 

Newcastle disease, and pot-bellied pigs 

are susceptible to the same diseases as 

farm-raised swine, such as 

pseudorabies. 

We would want Category II 

veterinarians to perform accredited 

duties relating to any food and fiber 

animal species, horses, farm-raised fish, 

poultry, and all other livestock. (As 

defined in the Animal Health Protection 

Act [7 U.S.C. 8301–8317], ‘‘livestock’’

refers to all farm-raised animals.) We 

would also want Category II 

veterinarians to perform accredited 

duties on birds. These types of animals 

are susceptible to diseases for which 

APHIS has regulatory control or 

eradication programs. Requiring that 

veterinarians performing accredited 

duties on those animals be accredited 

under Category II would ensure that 

they have the necessary training to 

recognize symptoms of those diseases 

and the necessary skills to take 

appropriate action. For example, as one 

of the commenters noted, it might be 

necessary for an accredited veterinarian 

to develop a flock health plan for a 

group of pet birds that had been 

exposed to a poultry disease like avian 

influenza. Similarly, a veterinarian who 

performs accredited duties on a potbellied pig would need to be able to 

recognize the clinical signs of 

pseudorabies and know what to do if 

the disease is found; the same would 

apply to any animal from a food or fiber 

animal species that is kept domestically. 

Requiring that veterinarians who deal 

with these species be accredited under 

Category II would ensure that they 

could perform the necessary tasks. 

In addition, APHIS has a program in 

which zoo animals that could transmit 

exotic animal diseases to domestic 

livestock are kept under postentry 

quarantine after importation. For 

ruminants, this program is outlined in 

§ 93.404(c); for swine, this program is 

outlined in § 93.504(c). Other zoo 

animals may also present a risk to 

domestic livestock and may be held at 

zoos under similar conditions. We 

would want veterinarians who deal with 

animals that could transmit exotic 

animal diseases to domestic livestock to 

have the additional training and skills 

required for Category II accreditation. 

(Category I accreditation would be 

adequate for veterinarians who did not 

work with animals that could transmit 

exotic animal diseases to domestic 

livestock.) 

Therefore, in this supplemental 

proposal, we are proposing that 

Category I veterinarians be authorized to 

perform accredited duties only on 

animals other than food and fiber 

animals, horses, farm-raised fish, 

poultry, all other livestock, birds, and 

zoo animals that could transmit exotic 

animal diseases to livestock. We would 

refer to these animals as nonregulated 

animals, and add a definition of 

nonregulated animals in § 160.1.1 We 

would not include the definition of 

companion animals from the June 2006 

proposed rule in the regulations. We 

would replace all the references to 

companion animals in the June 2006 

proposed rule with references to 

nonregulated animals. 

Our definition of nonregulated 

animals would also indicate that dogs 

and cats are examples of nonregulated 

animals. Under this supplemental 

proposal, Category I veterinarians would 

be required to be able to perform the 

tasks listed in paragraph (g)(1) of 

proposed § 161.1. The category of 

animals that are not included in the 

definition of nonregulated animals is 

diverse. Veterinarians pursuing 

accreditation under Category I should at 

a minimum be able to perform the tasks 

listed in paragraph (g)(1) of proposed 

§ 161.1 on dogs and cats, the most 

common types of nonregulated animals. 

While we recognize that Category I 

veterinarians may specialize in exotic 

types of nonregulated animals, we 

would want veterinarians accredited 

under Category I to be able to perform 

the tasks listed in paragraph (g)(1) of 

proposed § 161.1 on common 

nonregulated animals as well. 

Relating to the tasks listed in 

paragraph (g)(1) of proposed § 161.1, we 

note that we would retain the proposed 

requirement that Category I 

veterinarians be able to recognize and 

report clinical signs and lesions of 

exotic animal diseases that occur in 

nonregulated animals. Some diseases for 

which APHIS has a regulatory control or 

eradication program can be found in 

almost any species, even though we are 

pursuing control or eradication of the 

diseases primarily in livestock or 

poultry. The screwworm parasite is one 

example. We would want Category I 

veterinarians to be able to recognize the 

screwworm parasite if a nonregulated 

animal, such as a dog or cat, is affected 

by it, so they can take the appropriate 

action. 

Under this supplemental proposal, 

Category II veterinarians would be 

authorized to perform accredited duties 

on all animals, both those that are 

susceptible to diseases for which APHIS 

does have a regulatory control or 

eradication program and those that are 

not. This is unchanged from the June 

2006 proposal, which also would have 

authorized Category II veterinarians to 

perform accredited duties on all 

animals. 

For the most part, these changes 

would result in Category I and Category 

II veterinarians being able to perform 

the same scope of tasks as they would 

have under the June 2006 proposed rule. 

We believe that the division between 

categories is clearer in this 

supplemental proposal than it was in 

the June 2006 proposed rule. Some 

types of animals would have been 

considered companion animals on 

which Category I veterinarians would 

have been allowed to perform 

accredited duties under the June 2006 

proposed rule, but would now be 

considered animals on which only 

Category II veterinarians could perform 

accredited duties; these would most 

prominently include pet birds. 

However, as discussed earlier, we 

believe it is necessary to require that 

veterinarians performing accredited 

duties on livestock, birds, and zoo 

animals be accredited under Category II. 

Requiring Initial Accreditation Training 

for All Veterinarians Seeking 

Accreditation 

The June 2006 proposal would have 

allowed veterinarians applying for 

initial accreditation to choose between 

Category I and Category II accreditation. 

Applicants seeking Category II 

accreditation would have been required 

to complete five additional 

supplemental training units in addition 

to their core orientation before they 

could become accredited under 

Category II; applicants for Category I 

accreditation would simply have had to 

complete the core orientation. 

However, since the publication of the 

June 2006 proposed rule, we have begun 

efforts to develop initial accreditation 

training that would be required to be 

completed by all veterinarians seeking 

accreditation. In this supplemental 

proposal, we would add a requirement 

that veterinarians seeking accreditation 

complete initial accreditation training. 

Veterinarians seeking accreditation 


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under both Categories I and II would 

have to complete initial accreditation 

training prior to becoming accredited. 

The initial accreditation training 

would typically be administered in 

veterinary schools using content 

developed by APHIS, although we 

would ensure that it would be available 

through other venues for veterinarians 

seeking accreditation who do not 

graduate from U.S. veterinary schools. 

The initial accreditation training would 

supplement the core orientation 

described in § 161.1(e)(4) of this 

supplemental proposal, which is 

conducted by the Veterinarian-inCharge for the State in which the 

applicant is applying for accreditation. 

The initial accreditation training would 

be designed to ensure that all 

veterinarians seeking accreditation have 

a common knowledge base in addition 

to the program administration and Statespecific topics discussed in the core 

orientation. 

As mentioned earlier, the June 2006 

proposal would have required that, in 

addition to the core orientation, 

veterinarians seeking Category II 

accreditation complete an additional 

five units of training prior to 

accreditation. Because this 

supplemental proposal would require 

all veterinarians to complete initial 

accreditation training, we believe that 

the previous requirement that Category 

II veterinarians complete five additional 

supplemental training units 

unnecessary. Therefore, we have not 

included it in this supplemental 

proposal. Veterinarians who complete 

initial accreditation training would be 

able to opt for accreditation under either 

Category I or Category II, without the 

additional training requirement. 

To accomplish these changes, we 

propose to revise § 161.1 of the June 

2006 proposed rule by adding a new 

paragraph (b) describing the division 

between Category I and Category II 

accreditation and by removing the 

paragraph in the June 2006 proposed 

rule that would have required 

additional training for applicants for 

initial accreditation under Category II. 

We would also add a new paragraph 

§ 161.1(e)(3) that would require the 

initial accreditation training. This 

supplemental proposal also makes some 

organizational changes to § 161.1 as it 

was set out in the June 2006 proposal, 

to make the order of the regulatory 

provisions more consistent with the 

order in which the steps required for 

initial accreditation would need to be 

accomplished. These changes can be 

reviewed in the regulatory text at the 

end of this document. 

Requiring Newly Accredited 

Veterinarians To Renew Accreditation 3 

Years After Completing Initial 

Accreditation Training 

In the June 2006 proposal, we would 

have required that accredited 

veterinarians complete training to renew 

their accreditation every 3 years. We did 

not specifically state how we would set 

the dates by which newly accredited 

veterinarians would have to renew their 

accreditation. We had intended that 

newly accredited veterinarians would 

be required to renew their accreditation 

3 years after they were initially 

accredited. 

We proposed to require that 

veterinarians complete training to renew 

their accreditation in order to ensure 

that accredited veterinarians have up-todate information on disease threats and 

other important topics involved in 

performing their duties. For 

veterinarians seeking initial 

accreditation, this training would be 

provided in the initial accreditation 

training, as we would require in 

proposed § 161.1(e)(3), and in the core 

orientation, described in proposed 

§ 161.1(e)(4). Besides completing the 

initial accreditation training and core 

orientation, veterinarians seeking 

accreditation must also have graduated 

from a college of veterinary medicine 

and be licensed or legally able to 

practice veterinary medicine in the State 

in which the veterinarian wishes to 

perform accredited duties. After all 

these requirements are met, a 

veterinarian may be accredited. 

However, some veterinary schools 

may give the initial accreditation 

training to their students as much as 18 

months before graduation. If we were to 

set the date by which these newly 

accredited veterinarians would have to 

renew their accreditation at 3 years from 

the date on which they were initially 

accredited, their initial accreditation 

training could have occurred as long as 

4.5 years ago by the time they renew 

their accreditation. The intention of our 

proposed renewal provisions is to 

require that accredited veterinarians 

complete additional training every 3 

years, to ensure that their training is up 

to date. 

Therefore, in this supplemental 

proposal, we are proposing to require 

that newly accredited veterinarians 

renew their accreditation within 3 years 

of completing the initial accreditation 

training in § 161.1(e)(3), regardless of 

when their accreditation is granted. 

Other veterinarians would have to 

renew their accreditation within 3 years 

of the previous renewal. (We would still 

plan to handle the initial renewal of 

accreditation for currently accredited 

veterinarians according to the 

procedures in § 161.3(d) of the June 

2006 proposed rule.) This change would 

ensure that newly accredited 

veterinarians receive up-to-date training 

when they renew their accreditation. 

Reducing the Amount of Training 

Required for Renewal of Accreditation 

We received several comments on the 

June 2006 proposed rule expressing 

concern about the amount of training 

that would have been required for 

renewal of accreditation. After 

reviewing our planned training, we 

agree that essential topics for renewal of 

accreditation could be covered in fewer 

units of training than we would have 

required in the June 2006 proposal. 

Accordingly, this supplemental 

proposal reduces the amount of training 

we would require for renewal of 

Category II accreditation from nine 

supplemental training units to six, and 

the amount of training we would require 

for the renewal of Category I 

accreditation from four units to three. 

Miscellaneous Changes 

The text in proposed § 161.3(b) in the 

June 2006 proposed rule stated the 

requirements for renewal of 

accreditation under an accredited 

veterinarian’s current category, but did 

not provide information on how to 

change accreditation categories. This 

process requires a new application, and 

the process for changing accreditation 

categories would be described in 

proposed § 161.1(f). This supplemental 

proposal would include a reference to 

that process in § 161.3(b). 

In addition, the June 2006 proposed 

rule referred to specific form titles and 

numbers when discussing applying for 

accreditation and renewal of 

accreditation. However, we do not 

believe it is necessary to refer to specific 

forms in the regulations, and doing so 

may impede efforts to simplify the 

application and renewal processes in 

the future. Therefore, this supplemental 

proposal does not include any 

references to specific form titles and 

numbers. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under Executive Order 12866. The rule 

has been determined to be not 

significant for the purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

This action supplements a proposed 

rule published in the Federal Register 

on June 1, 2006, that proposed to amend 


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the regulations to establish two 

accreditation categories (Category I and 

Category II) in place of the current 

single category, to add requirements for 

supplemental training and renewal of 

accreditation every 3 years, and to 

provide for accreditation 

specializations. The economic analysis 

for the June 2006 proposed rule was set 

forth in that proposed rule. It included 

a cost-benefit analysis as required by 

Executive Order 12866 and an analysis 

of the potential economic effects on 

small entities as required by the 

Regulatory Flexibility Act. 

This supplemental proposal contains 

four changes to the June 2006 proposal: 

Changing the scope of Category I and 

Category II accreditation; requiring 

initial accreditation training for 

veterinarians seeking accreditation; 

requiring newly accredited veterinarians 

to renew their accreditation 3 years after 

completing core orientation; and 

reducing the amount of training 

required for renewal of accreditation. 

The first change could result in some 

veterinarians who would have been 

accredited under Category I under the 

June 2006 proposal instead being 

accredited under Category II. This 

means that the training they would have 

to complete, and the scope of tasks that 

they would have to be able to perform, 

would increase. Specifically, 

veterinarians accredited under Category 

II rather than Category I would have to 

complete six units of supplemental 

training every 3 years, rather than three 

units; they would also have to perform 

the more diverse list of tasks in 

proposed paragraph (g)(2) of § 161.1, 

rather than the tasks listed in proposed 

(g)(1). 

However, the marginal cost of the 

additional training would be expected 

to be minimal. The majority of the 

supplemental training would be 

delivered through the World Wide Web, 

with no charge to the participating 

veterinarians. The Internet-based 

training would eliminate the need for 

additional costs for travel and 

accommodations for these veterinarians 

taking the training. We also anticipate 

approving some classroom training 

conducted at the State level, which 

could then be used to fulfill part of the 

renewal requirement. Paper copies of 

training materials would also be 

available for a printing and mailing fee. 

Thus, there would be no additional 

costs associated with being accredited 

under Category II rather than Category I, 

except for the time spent completing the 

additional training. 

With regard to performing tasks, most 

graduates of veterinary school are 

capable of performing the tasks listed in 

proposed § 161.1(g)(2); therefore, we 

would not expect accredited 

veterinarians to incur any additional 

expenses to be able to perform them. 

Requiring initial accreditation 

training for veterinarians seeking 

accreditation, the second change in this 

supplemental proposal, would not affect 

the expected training burden for 

Category II veterinarians, as they would 

no longer be required to complete five 

separate supplemental training units. 

For Category I veterinarians, the initial 

accreditation training would be an 

additional time burden. Applicants for 

accreditation who have already 

completed their veterinary education, 

such as veterinarians from other 

countries, would have to take the initial 

accreditation training separately, but 

APHIS would make the training 

available at no cost. 

The third change, requiring newly 

accredited veterinarians to renew their 

accreditation 3 years after completing 

core orientation, would simply shift the 

training burden for some newly 

accredited veterinarians, but the amount 

of training they would be required to 

complete would remain the same. 

The fourth change, reducing the 

amount of training required for renewal 

of accreditation, would reduce the time 

burden on accredited veterinarians and 

thus the costs associated with 

maintaining their accreditation. 

Impact on Small Entities 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic effects of their rules on small 

entities. According to the Small 

Business Administration’s (SBA’s) 

Office of Advocacy, regulations create 

economic disparities based on size 

when they have a significant economic 

impact on a substantial number of small 

entities. 

This supplemental proposed rule and 

the June 2006 proposal would change a 

continuing program. Entities that would 

be affected as a result of the proposed 

changes in the regulations would be the 

participating veterinarians who enter 

into the new NVAP program. Under the 

North American Industrial 

Classification System (NAICS), 

Veterinary Services (NAICS 541940) is 

included under the Professional, 

Scientific, and Technical Services 

subsector. 

The veterinary services industry 

comprises establishments of licensed 

veterinary practitioners primarily 

engaged in the practice of veterinary 

medicine, dentistry, or surgery for 

animals (i.e., animal hospitals, 

veterinary clinics, and veterinarians’

offices); and establishments primarily 

engaged in providing testing services for 

licensed veterinary practitioners (i.e., 

veterinary testing laboratories). 

Veterinary services entities that have 

less than $5 million in annual revenues 

are considered small according to the 

SBA’s standards. 

The number of U.S. veterinary 

establishments was reported to be 

24,510 in 2000; they employed 219,868 

people with an annual payroll of $4.82 

billion (2000 County Business Patterns, 

NAICS, U.S. Economic Census 2000). 

We do not know how many of these 

establishments are considered small 

entities under the SBA’s standards. 

However, the changes in this 

supplemental proposal would not be 

expected to have any significant 

economic effect on any of these 24,510 

establishments whether they are small 

or large, since the vast majority of 

program costs will be borne by the 

Agency. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Paperwork Reduction Act 

This action supplements a proposed 

rule published in the Federal Register 

on June 1, 2006, that would have 

necessitated revisions to the 

Application for Veterinary 

Accreditation, as well as the 

introduction of two additional forms: 

An Application to Perform Accredited 

Duties in Another State and an 

Application for Renewal of 

Accreditation. This supplemental 

proposal does not affect those 

requirements or add new requirements 

that impose a paperwork burden. 

This supplemental proposed rule 

contains no new information collection 

or recordkeeping requirements under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects 

9 CFR Part 160 

Veterinarians. 

9 CFR Part 161 

Reporting and recordkeeping 

requirements, Veterinarians. 

For the reasons set forth in the 

preamble, we propose to amend parts 

160 and 161 as set out in the proposed 

rule published on June 1, 2006 (71 FR 

31109–31121), as follows: 

PART 160—DEFINITION OF TERMS 

1. The authority citation for part 160 

would continue to read as follows: 


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Authority: 7 U.S.C. 8301–8317; 15 U.S.C. 

1828; 7 CFR 2.22, 2.80, and 371.4. 

2. Section 160.1 is amended as 

follows: 

a. By removing the definition of 

companion animals. 

b. By adding, in alphabetical order, a 

new definition of nonregulated animals 

to read as set forth below. 

§ 160.1 Definitions. 

* * * * * 

Nonregulated animals. Animals other 

than food and fiber animals, horses, 

farm-raised fish, poultry, all other 

livestock, birds, and zoo animals that 

could transmit exotic animal diseases to 

livestock. Examples of nonregulated 

animals include dogs and cats. 

* * * * * 

PART 161—REQUIREMENTS AND 

STANDARDS FOR ACCREDITED 

VETERINARIANS AND SUSPENSION 

OR REVOCATION OF SUCH 

ACCREDITATION 

3. The authority citation for part 161 

would continue to read as follows: 

Authority: 7 U.S.C. 8301–8317; 15 U.S.C. 

1828; 7 CFR 2.22, 2.80, and 371.4. 

4. In § 161.1, paragraphs (b) through 

(g) are revised to read as follows, and a 

new paragraph (h) is added to read as 

follows: 

§ 161.1 Statement of purpose; 

requirements and application procedures 

for accreditation. 

* * * * * 

(b) Categories of accreditation. A 

veterinarian may be accredited as a 

Category I veterinarian or a Category II 

veterinarian. A veterinarian who is 

accredited under Category I is only 

authorized to perform accredited duties 

on nonregulated animals, as defined in 

§ 160.1. A veterinarian who is 

accredited under Category II is 

authorized to perform accredited duties 

on all animals, both regulated and 

nonregulated. 

(c) Application for initial 

accreditation. A veterinarian may apply 

for accreditation by completing an 

application for accreditation and 

submitting it to the Veterinarian-inCharge in the State where he or she 

wishes to perform accredited duties. In 

completing the application, the 

veterinarian will choose one of the 

accreditation activity categories, either 

Category I or Category II, as discussed in 

paragraph (b) of this section. 

Applications for Category I accreditation 

must include certification that the 

applicant is able to perform the tasks 

listed in paragraph (g)(1) of this section. 

Applications for Category II 

accreditation must include certification 

that the applicant is able to perform the 

tasks listed in paragraph (g)(2) of this 

section. An accredited veterinarian must 

not perform duties requiring an 

accreditation specialization unless he or 

she is accredited under Category II and 

qualified to perform such duties in 

accordance with § 161.5 of this part. 

(d) Review of application. 

Applications for accreditation received 

by a Veterinarian-in-Charge shall be 

forwarded to the State Animal Health 

Official for the State in which the 

veterinarian wishes to perform 

accredited duties for approval. Within 

14 days after receiving an application, a 

State Animal Health Official shall either 

endorse the application or send a 

written statement to the Administrator 

explaining why it was not endorsed; but 

if the State Animal Health Official fails 

to take one of these actions within 14 

days, the Veterinarian-in-Charge shall 

proceed to review the application. The 

Administrator will review the 

application and the written statement, if 

any, and determine whether the 

applicant meets the requirements for 

accreditation contained in this part. 

(e) Accreditation requirements. The 

Administrator is hereby authorized to 

accredit a veterinarian when he or she 

determines that: 

(1) The veterinarian is a graduate with 

a Doctorate of Veterinary Medicine or an 

equivalent degree (any degree that 

qualifies the holder to be licensed by a 

State to practice veterinary medicine) 

from a college of veterinary medicine; 

(2) The veterinarian is licensed or 

legally able to practice veterinary 

medicine in the State in which the 

veterinarian wishes to perform 

accredited duties. APHIS will confirm 

the licensing status of the applicant by 

contacting the State board of veterinary 

medical examiners or any similar State 

organization that maintains records of 

veterinarians licensed in a State; 

(3) The veterinarian has completed 

initial accreditation training, using 

content provided by APHIS; and 

(4) The veterinarian has completed an 

orientation program approved by the 

Veterinarian-in-Charge for the State in 

which the veterinarian wishes to 

practice, and upon completion of the 

orientation, has signed a written 

statement listing the date and place of 

orientation, the subjects covered in the 

orientation, and any written materials 

provided to the veterinarian at the 

orientation. The Veterinarian-in-Charge 

shall also give the State Animal Health 

Official an opportunity to review the 

contents of the orientation, and invite 

him or her to participate in developing 

orientation materials and conducting 

the orientation. The core orientation 

program shall include the following 

topics: 

(i) Federal animal health laws, 

regulations, and rules; 

(ii) Interstate movement requirements 

for animals; 

(iii) Import and export requirements 

for animals; 

(iv) USDA animal disease eradication 

and control programs; 

(v) Laboratory support in confirming 

disease diagnoses; 

(vi) Ethical and professional 

responsibilities of an accredited 

veterinarian; 

(vii) Foreign animal disease 

awareness; 

(viii) Animal health emergency 

management; and 

(ix) Animal health procedures, issues, 

and information resources relevant to 

the State in which the veterinarian 

wishes to perform accredited duties. 

(f) Change in accreditation category.—

(1) Category I to Category II. A 

veterinarian who is accredited under 

Category I may become accredited under 

Category II if the veterinarian applies for 

accreditation under Category II by 

completing an application for 

accreditation, including certification 

that the applicant is able to perform the 

tasks listed in paragraph (g)(2) of this 

section, and submitting it to the 

Veterinarian-in-Charge in the State 

where he or she wishes to perform 

accredited duties. The veterinarian must 

also have fulfilled the training 

requirements in § 161.3(b) that are 

associated with renewal of accreditation 

under Category II. 

(2) Category II to Category I. A 

veterinarian who is accredited under 

Category II may become accredited 

under Category I if the veterinarian 

applies for accreditation under Category 

I by completing an application for 

accreditation, including certification 

that the applicant is able to perform the 

tasks listed in paragraph (g)(1) of this 

section, and submitting it to the 

Veterinarian-in-Charge in the State 

where he or she wishes to perform 

accredited duties. The veterinarian must 

also have fulfilled the training 

requirements in § 161.3(b) that are 

associated with renewal of accreditation 

under Category I. 

(g) Tasks that applicants for 

accredited status must be able to 

perform. Applicants for accredited 

status must be able to: 

(1) Category I. 

(i) Perform physical examination of 

individual nonregulated animals to 

determine whether they are free from 

any clinical signs suggestive of 

communicable disease. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8639 

(ii) Recognize the common breeds of 

nonregulated animals and accurately 

record breed information on official 

documents. 

(iii) Apply common animal 

identification for nonregulated animals. 

(iv) Properly complete certificates for 

domestic and international movement of 

nonregulated animals. 

(v) Perform necropsies on 

nonregulated animals. 

(vi) Recognize and report clinical 

signs and lesions of exotic animal 

diseases that occur in nonregulated 

animals. 

(vii) Vaccinate nonregulated animals 

and accurately complete the vaccination 

certificate. 

(viii) Properly collect and ship 

specimen samples to appropriate 

laboratory for testing with complete and 

accurate paperwork. 

(ix) Develop appropriate biosecurity 

protocols, as well as cleaning and 

disinfection protocols, to control 

communicable disease spread in 

nonregulated animals. 

(2) Category II. 

(i) Perform physical examination of 

individual animals and visually inspect 

herds or flocks to determine whether the 

animals are free from any clinical signs 

suggestive of communicable disease. 

(ii) Recognize the common breeds of 

nonregulated animals, the types of 

poultry as defined by the National 

Poultry Improvement Plan in 

subchapter G of this chapter, and the 

common breeds of livestock, and be able 

to accurately record breed information 

on official documents. 

(iii) Recognize all USDA animal 

identification systems. 

(iv) Estimate the age of livestock using 

a dental formula. 

(v) Apply USDA-recognized 

identification (e.g., eartag, microchip, 

tattoo) for the USDA animal 

identification system. 

(vi) Certify the health status of a 

poultry flock regarding diseases of 

domestic or international regulatory 

concern, and evaluate records 

pertaining to flock testing and 

participation in Federal and State 

poultry health programs and 

classifications. 

(vii) Properly complete certificates for 

domestic and international movement of 

animals. 

(viii) Apply and remove official seals. 

(ix) Perform necropsies on animals. 

(x) Recognize and report clinical signs 

and lesions of exotic animal diseases. 

(xi) Develop a herd or flock health 

plan. 

(xii) Vaccinate for USDA program 

diseases and accurately complete the 

vaccination certificate. 

(xiii) Properly collect and ship sample 

specimens to an appropriate laboratory 

for testing with complete and accurate 

paperwork. 

(xiv) Properly perform testing for 

tuberculosis (e.g., caudal fold test). 

(xv) Develop appropriate biosecurity 

protocols, as well as cleaning and 

disinfection protocols, to control 

communicable disease spread. 

(xvi) Explain basic principles for 

control of diseases for which APHIS or 

APHIS-State cooperative programs 

presently exist. 

(h) Authorization to perform duties. 

An accredited veterinarian may not 

perform accredited duties in a State 

until after receiving written 

authorization from APHIS. If a Category 

I accredited veterinarian completes the 

necessary training requirements and 

becomes a Category II accredited 

veterinarian, the veterinarian may not 

perform Category II accredited duties in 

a State until after receiving written 

authorization from APHIS. 

5. In § 161.3, paragraphs (a) and (b) 

are revised to read as follows: 

§ 161.3 Renewal of accreditation. 

(a) Accredited veterinarians who wish 

to continue participating in the National 

Veterinary Accreditation Program must 

renew their accreditation every 3 years 

by completing an application for 

accreditation renewal and submitting it 

to APHIS. Newly accredited 

veterinarians must renew their 

accreditation within 3 years of 

completing the initial accreditation 

training described in § 161.1(e)(3) of this 

part, regardless of when their 

accreditation was granted. Other 

veterinarians must renew their 

accreditation within 3 years of the 

previous renewal. 

(b) Accredited veterinarians who wish 

to renew their accreditation under 

Category I must complete three 

supplemental training units approved 

by APHIS by the end of their 3-year 

tenure as an accredited veterinarian. 

Accredited veterinarians who wish to 

renew their accreditation under 

Category II must complete six 

supplemental training units approved 

by APHIS by the end of their 3-year 

tenure as an accredited veterinarian. 

Accredited veterinarians who wish to 

change the category in which they are 

accredited, rather than renew 

accreditation in their current 

accreditation category, should follow 

the procedure in § 161.1(f) of this part. 

* * * * * 

Done in Washington, DC, this 20th day of 

February, 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–3256 Filed 2–26–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26692; Directorate 

Identifier 2006–CE–89–AD] 

RIN 2120–AA64 

Airworthiness Directives; REIMS 

AVIATION S.A. Model F406 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

several reports regarding an important 

corrosion on the bearings with propagation to 

the bracket-hinge of the rudder. This 

corrosion has been discovered after rudder 

removals. This condition, if left uncorrected, 

could result in the loss of the rudder control 

on the airplane. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by March 29, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 


sroberts on PROD1PC70 with PROPOSALS